Statement from Assemblyman Fred Thiele and State Senator Ken LaValle on State Supreme Court Decision in Town of Brookhaven v. LIPA and PSEG-LI
We have reviewed the court decision in the Eastport monster poles cases. We are deeply disappointed in the result. PSEG-LI failed to adequately notify elected officials and the public about this project before making a State Environmental Quality Review Act (SEQRA) determination and undertaking construction. Further, they failed to take a hard look at potential environmental impacts under SEQRA. The Town of Brookhaven filed an Article 78 within the statute of limitations, even though LIPA and PSEG-LI stonewalled the efforts of the Town to obtain needed SEQRA documents.
The dismissal of this petition rewards LIPA and PSEG-LI for its lack of transparency and openness in dealing with the community. This project was rushed to completion to avoid public scrutiny and to prevent the legitimate right of judicial review sought by the Town.
We support the decision to appeal made by Brookhaven Town Supervisor Ed Romaine and the Town Board. In the meantime, it would serve LIPA and PSEG-LI well to consider a settlement that would address the legitimate concerns of the community.